Internal Revenue Code:Sec. 2108. Application of pre-1967 estate tax provisions

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle B - Estate and Gift Taxes
       CHAPTER 11 - ESTATE TAX
        Subchapter B - Estates of Nonresidents Not Citizens
      

Statute

    Sec. 2108. Application of pre-1967 estate tax provisions
 
    (a) Imposition of more burdensome tax by foreign country
      Whenever the President finds that -
        (1) under the laws of any foreign country, considering the tax
      system of such foreign country, a more burdensome tax is imposed
      by such foreign country on the transfer of estates of decedents
      who were citizens of the United States and not residents of such
      foreign country than the tax imposed by this subchapter on the
      transfer of estates of decedents who were residents of such
      foreign country,
        (2) such foreign country, when requested by the United States
      to do so, has not acted to revise or reduce such tax so that it
      is no more burdensome than the tax imposed by this subchapter on
      the transfer of estates of decedents who were residents of such
      foreign country, and
        (3) it is in the public interest to apply pre-1967 tax
      provisions in accordance with this section to the transfer of
      estates of decedents who were residents of such foreign country,
    the President shall proclaim that the tax on the transfer of the
    estate of every decedent who was a resident of such foreign country
    at the time of his death shall, in the case of decedents dying
    after the date of such proclamation, be determined under this
    subchapter without regard to amendments made to sections 2101
    (relating to tax imposed), 2102 (relating to credits against tax),
    2106 (relating to taxable estate), and 6018 (relating to estate tax
    returns) on or after November 13, 1966.
    (b) Alleviation of more burdensome tax
      Whenever the President finds that the laws of any foreign country
    with respect to which the President has made a proclamation under
    subsection (a) have been modified so that the tax on the transfer
    of estates of decedents who were citizens of the United States and
    not residents of such foreign country is no longer more burdensome
    than the tax imposed by this subchapter on the transfer of estates
    of decedents who were residents of such foreign country, he shall
    proclaim that the tax on the transfer of the estate of every
    decedent who was a resident of such foreign country at the time of
    his death shall, in the case of decedents dying after the date of
    such proclamation, be determined under this subchapter without
    regard to subsection (a).
    (c) Notification of Congress required
      No proclamation shall be issued by the President pursuant to this
    section unless, at least 30 days prior to such proclamation, he has
    notified the Senate and the House of Representatives of his
    intention to issue such proclamation.
    (d) Implementation by regulations
      The Secretary shall prescribe such regulations as may be
    necessary or appropriate to implement this section.
 

Sources

    (Added Pub. L. 89-809, title I, Sec. 108(f), Nov. 13, 1966, 80
    Stat. 1573; amended Pub. L. 94-455, title XIX, Sec. 1902(a)(6),
    1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1805, 1834.)
 

Miscellaneous

                                 AMENDMENTS
      1976 - Subsec. (a). Pub. L. 94-455, Sec. 1902(a)(6), substituted
    ''November 13, 1976'' for ''the date of enactment of this section''
    after ''on or after''.
      Subsec. (d). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out ''or
    his delegate'' after ''Secretary''.
                      EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment by section 1902(a)(6) of Pub. L. 94-455 applicable in
    the case of estates of decedents dying after Oct. 4, 1976, see
    section 1902(c)(1) of Pub. L. 94-455, set out as a note under
    section 2011 of this title.
                               EFFECTIVE DATE
      Section applicable with respect to estates of decedents dying
    after Nov. 13, 1966, see section 108(i) of Pub. L. 89-809, set out
    as an Effective Date of 1966 Amendment note under section 2101 of
    this title.